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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cabot/Restons Claimform - old HFC Goldfish card debt - Prob SB'd


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These people have written to me again.

 

The general gist of it is:

You state that you have evidence that this matter is statute barred, but have failed to provide evidence of this.

 

We maintain that our client states you made a payment on blah blah.

 

We are confident that this matter will be proved if put before the Court.

 

Please fill out this form or contact us..

 

This is a summary because I am away from home.

 

Thoughts anyone. Should I contact Cabots ie SAR ?

 

Thanks

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The only difference between the letter you received and the one linked to above is that there was no mention of any payment made in the other case,

so clearly Rectums were trying it on.

 

Your letter states a payment was received towards your account on 28/09/2011.

 

Did anything happen around that time (account sold/passed on, any statutory requests made - CCA or SAR)?

If your 100% sure it's rubbish then nothing to worry about and ignore

 

but be careful of Rectums as they have a habit of holding back vital info until the last possible moment

until it's time to exchange witness statements & evidence - 7 days before the hearing.

 

See what others think but if there is any doubt over this payment, or you want to expose their lies,

it may be worth a CPR18 to Rectums requesting all information surrounding this alleged payment and/or a SAR to the client.

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I am one hundred percent certain I have not made this payment.

 

I have my experian credit report and nothing is shown regarding this matter.

 

I am loathe to contact cabot in case it opens the floodgates again.

 

My only worry is if restons proceed to Court,

 

 

I wont get a chance to challenge cabot regarding who took this phantom payment, where, by what method, and why does it not show on my Credit file ?

 

Restons want a reply by the 25TH June.

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tough rectums can go away.......

 

 

only the court can demand something is done by xx date.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
Just had a phone call from R***tons.

 

Asked for all my "security details". Then asked me to withdraw my defence.

 

Told them this is statute barred. He thanked me and ended the call.

 

Normal for a case they are so confident of winning?

 

:frusty:

We could do with some help from you.

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  • 5 years later...

Just received a letter from Cabot saying they have obtained a CCJ and charging order on a Goldfish card debt , £4371.00p from 2003.

Also state they are handing this to Mortimer Clarke to agree repayment and remove charging order.

 

I genuinely have had no contact from any Court and nothing showing on my credit file.

Is this a standard Cabot tactic?

Last payment to Goldfish was 2003.

I thought County Court contacted you when claim is made so you can defend it?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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might be at an old address backdoor CCJ ?

 

Cabot/Restons Claimform - old HFC Goldfish card debt - Prob SB'd - Page 4 - Financial Legal Issues - Consumer Action Group

refers:

 

threads merged

so what happened in 2015 to that court case...did you lose?

 

and have you moved since then?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have not moved since Reston’s rang me. Had the stock monthly letters demanding payment. Been at this address for 17 years. Never been to Court and never had a CCJ on my credit files. 

Im thinking this is a try on. 

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ok so go check TOL as andy advised.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:-D Mind you if its allegedly from 2003...its wont show on the Trust.....and as far as Cabot are concerned that ship has well sailed and sunk...might be worthwhile checking the Land Registry re Charging Order ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...

Now has a letter from Cabot stating they have “made a mistake” and apologise for any distress caused. They also state  the non existent CCJ remains in place. Now placed with Mortimer Clarke Solicitors.

 

Got a letter two days ago from them stating they are now dealing. I am going to deal with them exactly the same as Reston’s, who withdrew at Court due to S.B.

 

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Well if you don't mind a bit of letter tennis...I personally would ignore all of them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Wowzer! I can't believe (well I sort of can) that this is still ongoing.

 

What a saga! Hold tight glennyboy. Not got much more to add except to give some support.

 

I'm with Andyorch - ignore them!

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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